by Marlena, Rado & Elsa
I. THE BENEFITS OF THE SINGLE MARKET Free Movement of Capital Free Movement of Goods Free Movement of Services Free Movement of Labour Greater Competitiveness
II. FREE MOVEMENT OF CAPITAL
1. Definition PeopleCompanies -Opening Bank Accounts - Buying Shares - Investing abroad - Purchasing Real Estate - Invest in enterprises abroad - Merge with foreign enterprises
2. Establishment of free movement of capital 1988 – Directive 88/361/EEC 1993 – Maastricht Treaty Directly effective for member states
3. Exceptions Taxation Public Policy Money Laundering Financial Sanctions (Agreed under the Common Foreign and Security Policy CFSP)
4.Control European Commission Monitoring Removal of remaining restrictions
5. Infringement Cases Denmark – Copenhagen Airports Spain – Energy Sector
III. FREE MOVEMENT OF SERVICES
1. Services in the Internal Market Directive Proposal Suppresses obstacles against freedom of establishment for service providers and free movement of services between member states by giving both providers and recipients of services the necessary legal certainty to exercise these fundamental rights
2. Workers Directive 2005/36/CE to recognition of professional qualified: -Make easy to get the recognition -Necessary cooperation between member states Directive 96/71/CE -Prevent abuses and exploitation -Try to identify work conditions -Make easy free workers movement Moved Worker
3. Transports White Book – European Transports Policy Objective: steps to make a system to balance transport means, to revitalize values railway, to promote maritime and river transport and to control the air traffic growth European Sky
4. Post Service Directive 97/67/CE Directive 2002/39/CE Objective: to guarantee an universal post service Steps: to harmonize post services to look for a common tariff to offer similar service between all the users Common evolution with environment and users necessity
5. Energy Gas Directive Electricity Directive Objective: to create a common market of energy that guarantees the competition in EU market and that ensures energy supplying Instruments Green Book White Book
IV. COMMUNITY COMPETITION (Rules in The Field of Competition)
The interdiction of settling certain agreements between enterprises – art. 81 par.1 ECT 1. Agreements 2. Decisions by associations 3. Concerted practices Effects 1. Rule No 1
2. Forbidden agreements -Prices -Controlling production -Sharing markets -Dissimilar conditions -Supplementary Obligations
3. Derogations from the first rule Art. 81, par. 3 ECT Conditions 1. Production improvement 2. Users Interests 3. No disproportional restrictions 4. No Competition elimination
The abuse of dominant position is forbidden – art. 82 ECT !! There are no exceptions form this rule!! 4. Rule No 2
Granting the state benefits is forbidden because it distorts the competition between member states art. 87 par. 1 ECT 5. Rule No 3
6. Derogations from the third rule Benefits which are compatible with the common market 1. Social state benefits 2. Emergency state benefits 3. Aids for federal republic of Germany (FRG)
7. Aids that may be compatible with the common market Regional Aids Aids for European Projects Cultural Aids Others
CONCLUSION